Enter Your Zip Code to Connect with a Lawyer Serving Your Area
What is the trustee looking for in a chapter 7 case?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Is Bankruptcy Your Best Option?
How Bankruptcy Works
Chapter 7 Bankruptcy
Chapter 13 Bankruptcy
Bankruptcy for Small Businesses
Bankruptcy Filing and Procedure
Bankruptcy Exemptions
What Happens to Your Debts in Bankruptcy?
What Happens to Your Property in Bankruptcy?
After Bankruptcy
Bankruptcy in Your State
Overall, the trustee is looking for honesty in a chapter 7 case. The phrase "tell nothing but the truth and the whole truth" applies in a bankruptcy just as it would in a regular court proceeding. In fact, an affidavit is signed by the petitioner to that effect.
The Trustee and Honesty in the Petition
Chapter 7 is about liquidating assets in order to pay off debts. In the petition, the debtor will have listed any property that might qualify for sale by the trustee. When it so happens that there is no property, the trustee will sign off on a report of no distribution.
All of this is a normal bankruptcy procedure. The trustee's role is to ensure that the petitioner is telling the truth per the petition. They will investigate into their background, looking over financial documents for anything that may not have been disclosed. By being honest and up front with information, there will be no reason for the trustee to look any deeper or question the information. Dishonesty is a sure way towards getting a filing dismissed, possibly with prejudice.
Hiring a Lawyer for Bankruptcy
Bankruptcy is a serious business. Hiring a lawyer ensures that there will be no problems with the trustee as the case progresses. An experienced bankruptcy attorney is familiar with what the petition requires and what the trustee will be looking for, heading off problems before they start.
References: